TERMS & CONDITIONS
Please read these terms and conditions carefully before using this fitflop.com website (”Website”). Our Website is operated by FitFlop Limited, a limited company registered in England & Wales under company number 06436347, whose registered office is at Eight Floor, 6 New Street Square, London EC4A 3AQ and trading address at 210 New Kings Road, London SW6 4NZ, United Kingdom and whose VAT number is 918504324 (”FitFlop” ‘our’, ‘we’ or ‘us’).
In particular, we draw your attention to the Nature of Our Website section (below), our Acceptable Use Policy and our Exclusion of Liability Statement.
This page (together with the documents referred to on it) tells you the terms and conditions on which we allow access to and use of our Website and/or supply any of the services or any of the products listed on our Website (”Products“) to you. These terms and conditions also apply to any correspondence between us. For the avoidance of doubt, any reference to terms and conditions shall include all documents referred to on this page and within the text of any such documents also.
Please read these terms and conditions carefully before using our Website or ordering any Products from our Website as, in accessing and using our Website or ordering any Products through our Website, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
These terms and conditions may be modified from time to time but, should this happen; they will be posted on our Website.
If you do not wish to be bound by these terms and conditions then you must not use our Website. If you refuse to accept these terms and conditions, you will not be able to order any Products or services from our Website.
Nature of our Website and Service Availability
Our Website is an online service and is provided on an ‘as is’ basis. FitFlop makes no representations or warranties of any kind with respect to our Website or its contents and disclaims all such representations and warranties. This does not affect your statutory rights as a consumer, nor does it affect your legal or contractual contract cancellation rights. The content contained in our Website is subject to change from time to time without further notice. You acknowledge and agree that FitFlop make no warranty that our Website will be timely or defect and error free, meet your requirements or will be uninterrupted. We do not warrant that any servers or equipment will be free of viruses or bugs or that any defect will be fixed promptly or at all.
Please note that our Website is available only to entities, persons or individuals that can form legally binding contracts under applicable law.
By accessing or using our Website, you warrant to us that you are over eighteen (18) years old and legally capable of accessing and using our Website in your country of residence.
Our Website is not intended for children or minors under the age of eighteen (18) years without the permission of a parent or guardian. In addition, you must be at least eighteen (18) years of age to make a purchase on our Website.
Availability of Website
If the need arises, we may suspend access to our Website or close it, or any part of it, indefinitely and without further notice to you or any third party.
Unless otherwise specified, all content and materials published on our Website are presented solely for your private, personal and non-commercial use. Information, commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. In particular, third party testimonials posted on our Website may not be monitored/pre-approved by us and may contain inaccuracies. In accordance with our Limitation of Liability Statement , we therefore disclaim liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
Whilst every effort is made to ensure that our Website is accurate and up to date, we do not warrant, nor do we accept any liability or responsibility for the completeness or accuracy of the content, or for any loss which may arise from reliance on the information contained in our Website.
Our Intellectual Property
We are the proprietor and/or licensee of the “FitFlop” trade and brand name, trade mark and get-up in. Unless otherwise expressly stated, copyright and any other rights contained in our Website, including but not limited to all images, software, design, text, sound recordings, logos, artwork, look, feel and get up of our Website, devices, screen shots, copyrighted designs or other brand features, branding, trademarks, selection, arrangement, product names, copyright and all other intellectual property rights in all material or content supplied as part of our Website and coordination of such content on our Website (”Copyright Material”) and other content on our Website, is owned by FitFlop Limited or licensed by or to FitFlop Limited from third parties.
No permission is given by FitFlop in respect of the use of any Copyright Material and such use may constitute an infringement of the holder’s rights.
For further information, see our Intellectual Property Policy.
Personal Information About You and Your Visit to Our Website
Content Provided by You
All material, including but not limited to reviews, feedback, stories, photographs, artwork, images, which you contribute to our Website (“Contribution”) and any interactive services associated with it is subject to our Acceptable Use Policy. By using our Website and making any Contribution, you agree to be bound by our Intellectual Property Policy.
Transactions Concluded Through Our Website
Contracts for the supply of goods formed through our Website, or as a result of visits made to our Website by you, are governed by these Terms and Conditions and, in particular, by our Conditions of Supply . By placing any order for any of our Products, you agree to be bound by these Terms and Conditions (including, in particular, our Conditions of Supply ).
From time to time, we may conduct competitions on our Website. Such competitions and your entry into them shall be subject to the Competition Rules.
Our Website Changes Regularly
We shall be entitled to change, alter, modify or withdraw our Website (including any applicable terms and conditions and the documents referred to in them) at anytime without notice. We shall not be liable to you or any third party for any such change, alteration, modification or withdrawal of our Website. Your continued use of our Website following such change shall be deemed your acceptance of such change to our Website. If you do not agree to or accept any change to our Website, (including any applicable terms and conditions), please stop using our Website immediately.
If you place an order for Products through our Website, you will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation as set out in our Conditions of Supply. In such event, we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products.
Exclusion of Liability
We shall be liable to you in respect of the use of our Website and any of the materials, information, content, Products and services on it only insofar as is stated in these terms and conditions. In particular, or liability to you shall be limited in accordance with our Exclusion of Liability Statement.
By offering material, content, information, Products or services via our Website, no solicitation is made by us to any person to use such material, content, information, Products or services in any jurisdiction where the provision of such material, content, information, Products or services may be prohibited by law. In listing your place of residence and address in our applicable form or subscription, you are representing to us that you are entitled to use our Website and the material, content, information, Products or services on our Website without restriction by the laws of your residence or applicable jurisdiction. This is a representation on which we rely prior to granting you access to our Website and use of our material, content, information, Products or services.
Compliance with Laws
We have used our best endeavours to ensure that our Website complies with the laws of England and Wales. However, we make no representations that the material, content, information, Products or services on our Website are appropriate or available for use in locations outside the United Kingdom. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our Website and/or viewing of it, or use of any material, content, information, Products or services offered through our Website are contrary to, or infringe on, any applicable law in your jurisdiction(s), you are not authorised to view or use our Website and you must exit immediately.
If making any of our Products or any part of our Website available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, access and/or those Products are not offered for sale to you. You accept that if you live outside the United Kingdom, you must satisfy yourself that you are lawfully able to access and/or purchase our Products.
If any of these terms and conditions or any provisions of a contract concluded under these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Unless otherwise stated in these Terms and Conditions, all notices given by you to us must be given to FitFlop Limited at INFO.UK@FITFLOP.COM. We may give notice to you by posting it on the Website or at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of Rights and Obligations
Any contract between you and us concluded under these Terms and Conditions, including a contract for the sale of Products to you, is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any such contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any contract, or any of our rights or obligations arising under it, at any time during the term of any contract.
Events Outside of Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions, including any contract between you and us concluded under these Terms and Conditions, such as, but not limited to, a contract for the sale of Products to you, that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event may include for example (but without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under any contract may be performed despite the Force Majeure Event.
These Terms and Conditions including the documents referred to in them (in each case, as amended from time to time) constitute the entire agreement between us and you in relation to use of our Website and/or supply any of the services or any of the Products to you and supersedes all previous agreements written or oral in respect of the same.
If we fail, at any time during the term of any contract between you and us concluded under these Terms and Conditions, such as, but not limited to, a contract for the sale of Products to you, to insist upon strict performance of any of your obligations under that contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices section of these Terms and Conditions.
The terms and conditions of our Website as well as any contract in respect of a transaction carried out through our Website are governed by English law. Any dispute, which cannot be resolved between us, shall be subject to the exclusive jurisdiction of the courts of England and Wales.
DELIVERY & RETURNS
Subject to availability, we will use all reasonable means to deliver the product(s) you have ordered within the time stated for the delivery service you have selected after your order is accepted by us. Due to the size of some of the products or large quantities ordered we may have to split your order and you might receive multiple parcels. Please note you will only be charged once for delivery.
The confirmation of dispatch email will contain an ‘order tracking number’ and a link to the website of our nominated courier to enable you to track the status of your delivery. We aim to dispatch the goods as soon as practicably possible and in most instances (if the item is in stock) this is within one working day. Any dates we specify for delivery of goods are approximate and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay.
Delivery options, charges and arrangements
Delivery charges will be displayed on the order page before payment is requested. The time frames shown are subject to availability not guaranteed. Delivery can be made to the majority of UK addresses excluding: P.O. Boxes. Unfortunately at this time we cannot take orders for delivery to British Forces Post Offices (BFPO), Freight Forwarders, International addresses or The Channel Islands (GY, JE).
|DELIVERY OPTION||PRICE (inc VAT)||DESCRIPTION|
|Standard||£3.95||Typically delivered within two (2) working days after the date that the order is placed on the Website (when ordered before 3pm). Working days are Monday-Friday 8am-7pm inclusive, excluding Saturday, Sunday and Public Holidays. During busy times, such as a holiday season, our carrier may attempt to deliver to you on a Saturday.|
|Next Day||£5.95||If the order is placed on the Website from Monday to Friday before 15:00, delivery will be made on the next day. If placed Monday to Friday 15:01 or later, or on Saturday and Sunday, it will be on the second working day. Working days are Monday-Friday 8am-7pm inclusive, excluding Saturday, Sunday and Bank holidays.|
The following area postcodes have extended delivery lead times as shown:
|AREA||POSTCODE AREA||APPROXIMATE DELIVERY TIME WINDOW FROM DATE OF ORDER - STANDARD DELIVERY||APPROXIMATE DELIVERY TIME WINDOW FROM DATE OF ORDER – NEXT DAY DELIVERY|
4-6 Working Days
3-5 Working Days
Shetland and Orkney
KW15 – 17, ZE1 - 99
12-15 Working Days
9-11 Working Days
PA20-23, 24-40, PH49-50
4-6 Working Days
3-5 Working Days
Scottish Highlands & Western Isles
HS9 - 99
8-10 Working Days
7-9 Working Days
PA41 - 49
7-9 Working Days
6-8 Working Days
8-10 Working Days
8-10 Working Days
PA61 - 75, 77, 78
6-8 Working Days
5-7 Working Days
8-10 Working Days
7-9 Working Days
PH41(2), 42, 43, 44
7-9 Working Days
6-8 Working Days
PH 19-26, 30-41
4-6 Working Days
3-5 Working Days
HS1 - 8
6-8 Working Days
5-7 Working Days
IV41 - 51, 55, 56
6-8 Working Days
5-7 Working Days
4-6 Working Days
3-5 Working Days
IV 1-20, 25 30- 32,36
4-6 Working Days
up to 2 Working Days
IV21 - 23, 26, 27, 40, 52, 53, 54 AB37,38, 55,56 PH19-26,30-35 KW1-3,5-14
4-6 Working Days
3-5 Working Days
TR21 - 25
5-7 Working Days
4-6 Working Days
For security reasons the precise timing of a delivery cannot be specified. All deliveries require a signature to confirm receipt (for your own benefit, please INSPECT GOODS THOROUGHLY BEFORE SIGNING).
Once delivered, the Product(s) ordered will become your property (provided they have been paid for in full) and your responsibility and, except in relation to products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
We strongly advise you to thoroughly check your goods upon receipt, please read through and sign the "Proof of Delivery" (POD) and sign in the relevant sections as this will protect your interests, regarding any claim concerning short delivery and/or damaged and/or defective goods found on delivery, or concerning damaged or defective goods found at a later date. We do not accept any claims for damage caused by you the customer.
In order to make sure you receive your goods as soon as possible, if you are not at home when we try to deliver we might leave your parcel with one of your neighbours. If we do this we will leave a card stating where the parcel has been left. In case we cannot reach you or your neighbours to receive your parcel we will leave a card in your letterbox to notify you that we tried to deliver your parcel. Please follow the instructions on the card to schedule a delivery day. You will find the contact details on the card.
If you wish to return any product purchased on our Website you should follow the return instructions provided on the paperwork included with your delivery.
You can RETURN any item that you’ve ordered online from FITFLOP.CO.UK within 28 days of dispatch date for free with your free Royal Mail returns label provided on your delivery note. Please note that free returns is for UK only.
Please COMPLETE the RETURNS’ NOTE on the reverse of your dispatch note and include it inside your package.
You must obtain a receipt for your return package at the Post Office counter, which can be used to track the item(s) you are returning, should for some reason they not arrive at our warehouse. We unfortunately cannot accept liability for returned goods that we don’t receive, or for those that get damaged in shipping on their return.
In all cases, except where an item is faulty, the item(s) returned must be in their original and saleable condition without having been worn outdoors. This includes all packaging and labelling. (If you’re trying them on for fit, may we suggest you stay inside while you walk around in them?)
All footwear will be inspected on return.
Goods are your responsibility until they reach our warehouse, so make sure you package them up well to prevent any damage or lost shoes during shipping.
PLEASE indicate the REASON FOR RETURN using the CODES provided and, in the case of a fault or error on our part, please provide a full description in the space provided. We appreciate your feedback and will use it to improve our service.
In the odd instance that items have been shipped to you that do not conform to your original order, we will refund your initial delivery charge and return postage. Please return the items to us using Royal Mail recorded delivery, or standard Royal Mail (retaining your proof of postage).
If the damage to a faulty item is deemed to be malicious (who, you ask, would want to attack an innocent FITFLOP footwear item?), no refund (not product, nor delivery charge, nor return postage) will be made.
We cannot accept liability nor can we take responsibility for any bank charges that you may have incurred during FITFLOP.CO.UK online orders can only be returned by post to the FITFLOP.CO.UK warehouse address below. Sorry, but items purchased from FITFLOP.CO.UK may not be returned via any of our retailer partners, as selections and styles vary from retailer to retailer.
On receipt at our warehouse, standard inspection checks will be carried out in conjunction with the reason specified on the return and once approved a refund to the original payment method will be issued. Please allow up to ten (10) working days from receipt for this refund to be made.
Delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. For further information about your legal rights contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).
If you have any difficulty or have any other queries regarding the returns service, customer services will be able to assist at firstname.lastname@example.org or on 0845 359 9884. Please send all returns to the following address:
FITFLOP.CO.UK RETURNS DEPARTMENT
c/o DHL Supply Chain
Right to Cancel
In the UK you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000, to cancel your order within seven (7) working days following your receipt of the goods or the date on which we begin provision of the services. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau).
If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
You have the right to cancel your contract with us at any time before the expiry of seven days from the date of receipt of the products, providing the product are returned unworn, unmarked and in a resalable condition (i.e., in original form). You will receive a full refund of the purchase price. This is not intended to be a full statement of all your rights under the Distance Selling Regulations. Full details of your rights under the Distance Selling Regulations are available from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.
Under the UK Distance Selling Regulations, you have seven (7) working days (from the day after you receive your goods) to cancel the ‘contract’ for your order with us. If you decide to cancel your order with FITFLOP.CO.UK, you must let us know in writing as soon as possible (please contact: FitFlop Ltd, Customer Service Department, The Point, 210 New Kings Road, London SW6 5NZ) or via email (to: email@example.com), quoting your order number. Please contact our Customer Service Department on 0845 359 9884 for further assistance.
If your cancellation is received before your order has been sent, we will issue you with a full refund. If your order has been sent already, you will need to return the entire order at your cost. We try to ship all orders within 48 hours of receipt, so if you do change your mind, make sure you notify us as soon as possible.
In all cases goods must be in their original condition and will be inspected on arrival. Should we ship out but not receive a cancelled order back, we reserve the right to have it collected at your cost.
FAULTY PRODUCTS & RECALLS
If any product you purchase is damaged or faulty when delivered, we may offer an exchange or refund as appropriate, in accordance with your legal rights. If you believe a product is faulty, you should notify our Customer Service Department (see ‘Contact us’) and return the product in accordance with the provisions above. Our policy on faulty products does not affect your legal rights.
We have taken reasonable steps to display, as accurately as possible, the colours and other detailing of our products in the images that appear on the Website. However, as the actual colours and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor’s display of any colour or other detailing will exactly reflect the colour or detailing of the product upon delivery.
In the extremely unlikely event we recall a product(s), you agree to cooperate fully with us and will provide all reasonable assistance in the event as required by us. Please notify us immediately if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.
The following terms (“Contest Terms”) apply to our promotions, contests, prize draws or competitions (”Contest“) and operate in addition to any specific rules or provisions (“Contest Rules”) notified to you in respect of each Contest. In the event of a conflict between Contest Rules and the Contest Terms, the Contest Rules shall prevail.
Entering the Contest:
No purchase is necessary to enter or win, and no entry fee, payment or proof-of-purchase is necessary to participate in the Contest.
By entering, you accept these Contest Terms (as forming part of our website Terms and Conditions, references in these Contest Terms to Terms and Conditions shall mean the website Terms and Conditions as incorporating these Contest Terms) and the specific Contest Rules whether the Entry is eligible or not.
Details of how to enter the Contest (“Entry”) and the geographic extent of the Contest (we run Contests in the UK and US only) shall be specified in the Contest Rules.
Details of the prize (“Prize”) shall be specified in the Contest Rules.
The winner will not be charged for the delivery of the Prize and, in any event, should receive the Prize within 30 days of being notified of having won.
Return of any Prize as undeliverable may result in disqualification and selection of an alternate winner.
Prizes are not transferable or exchangeable and cannot be redeemed for cash.
Winners’ names can be obtained by sending an email request to firstname.lastname@example.org. Requests received 7 days after the Contest Period specified in the Contest Rules may not be fulfilled.
The decision as to the winner will be in accordance with these Contest Rules but will always be final. Enquiries may be made by sending a malware-free email containing details (date/time, subject, addresses) to email@example.com. Each enquiry will be investigated by a senior person at our company, whose decision will be final.
To the maximum extent permitted by law, you agree to take part in any promotional and publicity activity at our request and consent to your name, location and photograph being published for the purposes of the Contest and promotional activity related thereto.
You must be at least eighteen (18) years old if you are UK resident (where the Contest applies to UK participants) or the age of majority in your state of residence, to enter any Contest (where the Contest applies to US participants). By submitting an Entry, you warrant that you are at least eighteen (18) years old if you are UK resident or the age of majority in your state of residence if you are US resident. We may require the winner to provide proof of identity and proof of age. Identification considered suitable for verification is at our discretion.
No employee of FitFlop Limited or any member of an employee’s family (spouse, parent, sibling or child), member of the employee’s household may enter any Contest unless expressly permitted by the Contest Rules. No employee of any affiliated company, members of their family spouse, parent, sibling or child), member of the employee’s household or anyone connected with or working directly with us or our products (or any one related to them) are eligible to take part.
Proof of submission of entry does not constitute proof of receipt of Entry.
Damaged, defaced, incomplete, corrupted, or defaced entries will be disqualified.
Where Contest entry is electronic, each Entry submission must be entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to Entries made using any script, macro, bot or Contest service) will be disqualified and transmissions from these or related email or IP addresses may be blocked.
Intellectual Property and Ownership:
By entering this Contest you agree that we may use your Entry on our website and other social networking websites.
Unless specified otherwise, all Entries become our property and will not be returned to you, whether the Entry was eligible or not.
Where applicable, you must have copyright in the materials you are submitting to us. In submitting the Entry, you are agreeing and acknowledging that our use of your Entry will not constitute infringement of any of your rights, including, without limitation, copyright, defamation, privacy, publicity rights, or those rights of any third party.
Where applicable, you must have permission from all individuals that appear in any material submitted to us (if any) to use their name and likeness in the material and to grant the rights set forth herein. If requested, you must be able to provide such permissions in a form acceptable to us. Uploading any material constitutes your consent to give us a royalty-free, irrevocable, perpetual, non-exclusive licence to use, reproduce, modify, publish, create derivatives works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional and marketing purposes. If requested, you will sign any documentation that may be required for us or our designees to make use of the non-exclusive rights you are granting to use the material.
You agree that, if requested, you will sign or will procure that any third party will sign any documents necessary to transfer the copyright or any other rights in the Entry to us within 7 days following the date of first attempted notification.
You hereby release us from any and all claims, liabilities, responsibilities, or damages arising from transmitting, reproducing, distributing, displaying, or publishing your Entry.
Waivers and Limitation of Liability
Expenses not specifically included in the Prize description and all applicable taxes are the sole responsibility of the winner.
Representations or warranties of any kind concerning the appearance, safety, or performance of the Prize are excluded to the fullest extent permitted by the law.
To the maximum extent permitted by law, we assume no responsibility or liability for:
- any damaged, lost, late, incomplete, or illegible, corrupted Entries or correspondence;
- for delays or failure to deliver the Prize, insofar as this is due to the default of the winner or a third party, including but not limited to, the delivery company;
- risk of loss or damage to the Prize after it has been delivered;
- any incorrect or inaccurate information provided by you;
- where Contest entry is electronic, any faulty, failed, garbled or jumbled electronic data transmissions; any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Contest; inaccessibility or unavailability of the Internet or any combination thereof; or any injury or damage to your or to any other person’s computer which may be related to or resulting from any attempt to participate in the Contest or download any materials from the Contest.
- any unauthorised access to, or theft, destruction or alteration of Entries at any point in the operation of this Contest;
- inaccurate information provided to us by any Participant.
We reserve the right, in our sole discretion, to cancel, terminate, modify or suspend the Contest in whole or in part, without further liability to you or third parties, at any time due to circumstances beyond our reasonable control. This includes, but is not limited to, the Contest not being able to run through to completion for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest.
As a condition of entry into the Contest, you agree to release us, our subsidiaries and affiliated companies, suppliers, printers, application developers, advertisers, promotional or judging agencies, to the maximum extent permitted by law, from and against any and all liability, loss, claims, demands or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with:
- accessing the Contest page;
- submitting an Entry or otherwise participating in any aspect of the Contest;
- the receipt, ownership or use of any Prize awarded; where applicable, preparing for, participating in or travelling to and/or from any
- Prize-related activity; or
- any typographical or other error in these Contest Terms or the Contest Terms or the announcement of the offering of the Prize.
Rules and Regulations
Failure to comply with our Terms and Conditions or Contest Rules may result in disqualification.
Where Contest entry is electronic, any entrant gaining unauthorised access to any our systems, networks, information, materials or website will be disqualified from the Contest and could be prosecuted. We take the security of our website, online materials and Personal Information very seriously. We will report and prosecute all hackers.
We reserve the right, at our sole discretion, to disqualify any individual:
- suspected of tampering with the entry process or the operation of the Contest; or
- acting in any manner deemed by us to be in violation of the Contest Rules and /or unsportsmanlike or disruptive behaviour, or with intent to annoy, abuse, threaten or harass any other person.
Except where prohibited, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively the English Court; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event legal fees; (3) no punitive, incidental, special, consequential, or other damages, including without limitation lost profits, may be awarded (collectively, “Special Damages”); and (4) you hereby waive all rights to claim Special Damages and all rights to have such damages multiplied or increased. English law governs the Contest and all aspects related thereto.
UK contest provisions
Nothing in these Contest Rules excludes or limits our liability for:
- death or personal injury resulting from negligence;
- damage is caused wholly or partly by a defect in a product; or
- fraud or fraudulent misrepresentation.
Any entrant misusing our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, or attacking the our website via a denial-of-service attack or a distributed denial-of service attack, or attempting to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website commits a criminal offence under the Computer Misuse Act 1990. We will report this to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the entrant’s identity to them. In addition, such an entrant breaches civil law and we reserve the right to seek damages and costs (including but not limited to, legal fees) from any such person to the fullest extent permitted by law.
US contest provisions
Winners may be required to sign and return an affidavit of eligibility, a liability release, and, where legally permissible, publicity release within 14 days following the date of first attempted notification of being a winner of the Contest. Failure to comply with this deadline may, at our sole discretion, result in forfeiture of the Prize and selection of an alternate winner.
The Contest is only open to legal residents of the 50 states of the United States. Entries from any other location or any location where entry into the Contest is prohibited by law will not be accepted.
For the avoidance of doubt, all Federal, State and local laws and regulations apply.
There may be applicable state or resident restrictions. You are responsible for complying with all relevant or applicable laws in your country or state of residence in connection with their participation in the Contest.
Any entrant misusing our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, or attacking the our website via a denial-of-service attack or a distributed denial-of service attack, or attempting to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website commits a criminal offence. In addition, such an entrant breaches civil law and we reserve the right to seek compensation (including but not limited to, legal fees) from any such person to the fullest extent permitted by law.
We are committed to protecting and respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information or other personal information you share with us including any information about you or by which you can be identified, such as your name, address, telephone number, photographs, credit card information, birth date, gender, occupation, personal interests, etc, (”Personal Information”)
This policy sets out the basis on which any Personal Information we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your Personal Information and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is FitFlop Limited of Eighth Floor, 6 New Street Square, London, EC4A 3AQ. FitFlop Limited is registered under the Data Protection Act. Our data processing notification details to the Information Commissioner and registration information are under Data Protection Register entry details. These details can be inspected on the Information Commissioner’s website.
When you buy Products and services from our Website, our Website may record your details to ensure that we comply with legal and contractual requirements, or are able to contact you, resolve any queries and process your orders to completion.
We may also need to activate any urgent Product recalls or provide information to you urgently.
We will only use your Personal Information as is required to provide, sell or supply Products or the relevant services and any additional services that may be reflected in our Website (”Services”), or as permitted by data protection law, or for any other purposes as requested by or agreed with you.
The Services will include collecting relevant payment and complying with your order, providing you with emails which you have elected to receive following access or purchase of Products or subscription to the services, keeping you informed by email of any additional services, promotion or Products and/or services similar to those subscribed or purchased by you, and complying with our legal requirements. The Personal Information we collect and its use is further detailed below.
Where you have consented to receive emails or you have subscribed to our Website or in respect of any services, if you do not want to be contacted in the future about any promotional or marketing offers, please let us know by sending an email to INFO.UK@FITFLOP.COM and we will stop sending you any promotional emails.
If you have contacted us or submitted queries via email, we will use the information solely to respond to these emails and in relation to the Products or services.
Information We May Collect From You
For each visitor to our Website, our web server automatically recognizes only the consumer’s domain name, but not the e-mail address (where possible). We may track the Internet domain address from which people visit us and analyze this data for trends and statistics.
There may be times (such as when you purchase or order a Product, subscribe to service, register to receive catalogues, or to participate in competitions, user reviews, contests, or promotions, etc) at which we ask you to provide certain information about yourself such as your name, shipping/billing address, telephone number, email address, credit card information, birth date, gender, occupation, personal interests, etc.
If you contact us, we may keep a record of that correspondence.
We also maintain a record of your online Product purchases. Whether or not to provide such information is completely your own choice. But if you choose not to provide this information we request, you may be unable to purchase Products, or access certain services, offers and content on our website.
We may also collect, and our third party providers of advertisements and content may collect certain user information such as information relating to computer location, URL and IP address and domains, your browser type, the country and telephone area code where your computer is located, the pages of our Website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Website.
You should be aware that as our Website is being monitored, we may collect this information even if you do not register with us and may capture information about your visit that will help us improve the quality of our service.
When you use our Website, purchase Products, register and subscribe for our services (or as otherwise required), you may have to complete a subscription process including a registration form and provide Personal Information.
Children and Minors
FITFLOP does not knowingly collect or solicit Personal Information from children and minors. Anyone under the age of 13 will not be knowingly allowed to register for any service on our Website, purchase Products or in any service on our Website.
If you are under 13, please do not attempt to register on our Website or send any Personal Information to us. This is information about you, including your name, e-mail or home address, house telephone number, mobile number or other contact details. No one under the age of 13 may provide any personal information to our Website or receive any services on FITFLOP Website.
In the event that we become aware or informed that we have collected Personal Information from a child under the age of 13 without verification of parental or guardian consent, we will delete that information as quickly as possible.
Minors of 13 years old or older should make sure that they ask their parents or guardians for permission before sending any information about themselves to anyone over the Internet including to FITFLOP.
IP Addresses and Cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Website and to deliver a better and more personalised service. They enable us:
(a) to estimate our audience size and usage pattern;
(b) to store information about your preferences, and so allow us to customise our Website according to your individual interests;
(c) to speed up your searches; and
(d) to recognise you when you return to our Website.
We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our Website.
Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any Personal Information you transmit to or from our Website, and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems.
Ordering online using your credit card details can be just as safe as ordering goods over the telephone. Where we have one, our Website will display any issued Secure Server Digital Certificate by a relevant online Certification Authority such as VeriSign.
To prevent unauthorised access, maintain accuracy of our records and data to ensure proper use of information, we have put in place appropriate physical, electronic and managerial procedures to protect, secure and safeguard the personal data and information we collect or on through our Website.
We are taking and will endeavour to continue to take all reasonable steps in order to protect our information and all personal data obtained by or provided to FitFlop. However, FitFlop cannot guarantee the security of any personal information or data disclosed to it or collected by it as we have no control over the public or third party network through which personal information may be sent to our website.
Store Your Personal Information
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your information transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Use We Will Make of Your Personal Information
We use information held about you in the following ways:
(a) to ensure that content from our site is presented in the most effective manner for you and for your computer.
(b) to provide you with information, Products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
(c) to carry out our obligations arising from any contracts entered into between you and us.
(d) to allow you to participate in interactive features of our service, when you choose to do so.
(e) to notify you about changes to our service.
Your e-mail information is not shared with other organizations for commercial purposes. We do not partner with or have special relationships with any ad server companies. We use the Personal Information you provide in connection with the services we provide and internal purposes, such as confirming and tracking your order, subscription or registration, analyzing trends and statistics, informing you of our new Products, services and offers, and providing you with information from and about our Website, FITFLOP or related companies.
We may contract with third party companies, sub-contractors, service providers, agents or other persons to provide certain services including credit card processing, shipping, data management, web development, promotional services, etc (”Service Providers”). We call them our Service Providers and we shall be entitled to provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.
We may also use aggregate information and statistics for the purposes of monitoring Website usage in order to help us develop our Website and our services or Products and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.
From time to time we may provide your Personal Information to our customer service agencies for research and analysis purposes so that we can monitor and improve our Website, online experience, Products or services (or as the case may be) we provide. We or our Service Providers may contact you by post, e-mail or telephone (or as required) to ask you for your feedback and comments on our Website, Products or services.
If you are an existing customer, we will only contact you by electronic means (e-mail or text message) with information about goods and services similar to those which were the subject of a previous sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
We will send mobile messages, including text messages, to you only if you opt-into receiving such FITFLOP messages. By opting-in to receive such messages you are expressly consenting to receiving such mobile messages, including text messages.
To unsubscribe from text, SMS, MMS or other mobile messaging, please follow the instructions in the messages you receive or contact FITFLOP as described below.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please check the relevant box situated on the form on which we collect your data.
We, our group companies or related third parties may also wish to provide you with information about special features of our Website or any other service or Products we think may be of interest to you. If you would rather not receive this information, please send an e-mail message to the contact details as indicated below.
Product and Promotional Information
When you access certain pages of our Website, purchase Products or register for competitions or other service, you will be given the opportunity to receive information from by post, e-mail or telephone, about Products, promotions or special offers which we feel may be of interest to you.
In the event that you do not wish to be contacted for such purposes, ensure that you check the appropriate box as you go through the registration or other process.
You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word “unsubscribe” in the subject line, by e-mailing us at INFO.UK@FITFLOP.COM or telephoning us on the contact details provided.
When entering any of our contests or prize draws, you will have to provide your name, email address and mailing address and if you win, we will send the prize to the contact address or details provided.
As part of entry into a prize draw, competition, contest or other promotion on our Website, you may also be included in our FITFLOP newsletter or subscription list to receive notice of or information on new or updated Products, marketing materials, promotions, specials and new additions to our Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
Disclosure of Your Personal Information
We may disclose your Personal Information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
(a) in the event that you have consented to our disclosing your Personal Information, or for other purposes (relating to the primary purpose for collecting that information, including the processing of your personal data or Personal Information by our agents or data processors) that is reasonably expected including the sale or disposal of any part of our business or rights; or
(b) if we believe in good faith that we are under a duty to disclose or share your personal data in order to comply with any legal obligation; if we have been advised by counsel; if we have received a valid administrative request from a law enforcement agency; in order to enforce or apply our Terms and Conditions and other agreements; or to protect the rights, property, or safety of FITFLOP, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
You agree that you do not object to us contacting you for any of the purposes of processing your orders, statistical or survey purposes to improve our Website and its services to you, provision of website content and advertisements to you, administration of our Website and where you consent, to notify you of Products or special offers that may be of interest to you. You consent to such contact whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at INFO.UK@FITFLOP.COM.
Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to Information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
This policy sets out certain terms between you and us under which you may access our Website and use it as a shopping resource or participate in or use the services or resources provided.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any of your Contribution as well as to its whole.
Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); comply with applicable law in the USA and in any country from which they are posted; Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material or promote violence; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; give the impression that they emanate from us, if this is not the case.
You may use our Website only for lawful purposes.
You may not use our Website: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards including as set out in this document or the provisions of these Terms and Conditions; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You warrant that your Contribution complies with the Terms and Conditions of our Website and indemnify us for any breach of this warranty.
Ownership of Your Contribution
If you are making a Contribution, please note that we reserve the right not to publish your Contribution on our Website (We will not post swears, spam or other unsuitable content).
By making a Contribution:
1. you agree that we have the right to use, copy, distribute, edit, shorten, publish and disclose to third parties your Contribution for any purpose, including but not limited to for advertising and promotional purposes in our information and/or marketing materials;
2. you warrant that you own all copyright and other rights including but not limited to intellectual property rights and image rights, in your Contribution;
3. you are agreeing and acknowledging that our use of the Contribution will not constitute infringement of any of your rights, including, without limitation, copyright, defamation, privacy, publicity rights, or those rights of any third party;
4.you agree that, if requested, you will sign or will procure that any third party will sign any documents necessary to transfer the copyright or any other rights in the Contribution to us; and
5. you release us from any and all claims, liabilities, responsibilities, or damages arising from using, copying, distributing, editing, shortening, publishing, disclosing and/or transmitting the Contribution.
Your Contribution shall be considered non-confidential and non-proprietary. We have the right to disclose to any third party which is claiming that any Contribution to our Website constitutes a violation of their intellectual property rights
Your Account With Us
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
If you choose, or are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree to accept responsibility for all activities that occur under your account or password.
You should inform us immediately if you have any reason to believe that your password or any other breach of security regarding our Website that comes to your attention has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if in our opinion you have hailed to comply with the provisions of the Terms and Conditions of our Website.
Links to Other Websites
Users of our Website may have access to other sites in order to provide information, access to Products or value to users. Where we provide such links to other websites or resources, we do so for you to access at your sole discretion.
We do not accept any responsibility for the content of any external websites which we link to or which may link to our Website. We do not have any control over external websites, and you are solely responsible for complying with the terms of those sites.
Accordingly, you acknowledge and agree that access to any external or linked websites shall be at your sole risk. By accessing such external linked websites, you accept and undertake to us that you have chosen to enter website at your sole discretion and risk. You accept and acknowledge that we shall do not directly or indirectly recommend or endorse the contents of such websites. We shall not under any circumstances be responsible for the availability of such external sites or resources.
By accessing such linked external websites, you will be subject to their data protection and privacy policies or practices and other site content. We shall have no liability whatsoever for any loss, offence or damage suffered or resulting from any use of such sites or in connection with your use of any external linked website, including in respect of any reliance placed by you on any comments, representations, marketing or advertising materials, Products, services or other materials. If you wish to link to our Website, please contact LEGAL@FITFLOP.COM.
Interference with Our Website
You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
You must not knowingly transmit any data send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Anyone misusing our Website by knowingly introducing viruses, trojans, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful, or attacking our Website via a denial-of-service attack or a distributed denial-of service attack, or attempting to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to any Website may be committing a criminal offense. We will report this to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the entrant’s identity to them. In addition, such an entrant breaches civil law and we reserve the right to seek damages and costs (including but not limited to, legal fees) from any such person to the fullest extent permitted by law.
We may from time to time provide interactive services on our Website, including, without limitation: chat rooms; bulletin boards; user comment functionalities; Product or service review facilities; and any other interactive services on our Website (“Interactive Services”).
We are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Website. When a breach of this Policy has occurred, we may take such action as we deem appropriate, including but not limited to: immediate, temporary or permanent withdrawal of your right to use our Website; immediate, temporary or permanent removal of any posting or material uploaded by you to our Website; issue of a warning to you; legal proceedings against you.
CONDITIONS OF SUPPLY
Our site is only intended for use by people resident in the UK. We do not accept orders from individuals outside the UK.
Products listed on our Website are subject to availability. If we cannot supply you with the Product(s) you ordered, we will not process your order and will inform you of this in writing (including email). If you have already paid for the Product or service, we will refund you in full as soon as reasonably possible.
By placing an order through our Website, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in the UK;
(d) You are accessing our site from the UK.
The Contract Between Us
You can check and correct any input errors in your order up until clicking the “Place Order” button on the payment and delivery page.
If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order for the Product has been fulfilled (“Dispatch Confirmation”). We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose fulfillment we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to your order before your payment is finalised as set out in our Delivery and Returns Policy. Prices and delivery charges displayed are valid and effective only in the United Kingdom.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Promotional discount codes: We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made though this Website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.
You can pay by MasterCard, Visa credit, Visa debit, Visa Electron, JCB, Maestro, Solo and PayPal. In placing your order with a credit/debit card you confirm that the card being used is yours and/or you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any Products or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any Products or services. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
Your credit /debit card will be charged when we fulfill your order from our warehouse.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before order fulfillment. If your payment is not received and you have already received the Products you ordered from us, you must pay for the Products or return those Products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within thirty (30) days of the date on which we cancel your order, we may collect (or arrange for collection) the Products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any Products that are the subject of an unpaid order.
Your Right to Cancel
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Delivery and Returns Policy.
You may return any Products purchased from our Website in accordance with the terms set out in our Delivery and Returns Policy.
Our Right to Cancel Orders
We reserve the right to cancel orders at our discretion. If we cancel an order, it will be without charge to you.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
LIMITATION OF LIABILITY
We will not be responsible or liable to you for any damage caused by or loss of any content or material uploaded or transmitted through our Website including in particular any third party content or comments, photos, Product reviews, endorsements, opinions, comments or other testimonials or any other specific online user activities. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any content or material uploaded or transmitted by you through our Website (including comments, photos, Product reviews, endorsements, opinions, testimonials) or any non-compliance with or breach of the terms of this disclaimer by you or any other liabilities arising out of your use of our Website, or the use by any other person accessing our Website using your shopping account and/or your personal data and information.
The exclusions and limitations in this Statement apply only to the extent permitted by law and none of your statutory rights as a consumer (if applicable) that cannot be excluded or limited are affected. Nothing in this Statement affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Using our Website
We will do our best to ensure that all material and information published on our Website is accurate, but please note that all content, material and information on our Website is provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our Website and use of all information contained within it. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy.
Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
FitFlop makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information, third party content or material and related graphics published in our Website. The information contained in our Website may contain technical inaccuracies or typographical errors. All liability of FitFlop Limited howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. Every effort is made by FitFlop to verify and substantiate any claims made by FitFlop on our Website. Many Product claims can also be substantiated by relevant trials, patent applications, research and other evidence. The Products offered or promoted on our Website are not medical Products. Notwithstanding any third party content or promotional or marketing material, the Products may produce different results for different for different users.
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Supply of Products
We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of our Products by persons in jurisdictions outside the United Kingdom or who are nominees of or trustees for citizens, residents or nationals of other countries.
We exclude liability for actions taken in response to breaches of our Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
INTELLECTUAL PROPERTY POLICY
By accessing our Website, you acknowledge and agree that all Copyright Materials shall at all times remain our proprietary property and/or shall at all times be vested in us or our related entities or third party licensors.
Using Our Copyright Material
You are permitted to access and use the Copyright Materials on our Website for your own personal reference and non-commercial use and for placing an order with us. However, you may not: modify; copy; reproduce; republish; upload; post; transmit; or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to: text; graphics; vide; messages; code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire. Our status (and that of any identified contributors) as the authors of the Copyright Materials must always be acknowledged.
Any unauthorised use of our Website is strictly prohibited and constitutes a breach of our or our licensors’ intellectual property rights.
Requests to Use Copyright Material
Our Website may incorporate third party content and we would be unable to grant permission for you to use any such third party content. Please contact the appropriate third party for permission to use their content.
If you are seeking permission to use any Copyright Materials other than as expressly permitted by this copyright notice, please contact our legal department (email: LEGAL@FITFLOP.COM) and we will request relevant information to allow us to review the request. If your request is approved, that approval will be subject to specified terms set out in such grant and you may be required to execute a licence or other agreement prior to use of such Copyright Materials.
Intellectual Property in your Contribution
Your intellectual property rights in your Contribution are subject to our Acceptable Use Policy.